Florida Statute 333.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXV
AVIATION

Chapter 333
AIRPORT ZONING

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333.02 Airport hazards and uses of land in airport vicinities contrary to public interest.—

(1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is further found that certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2) are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities. Accordingly, it is hereby declared:

(a) That the creation or establishment of an airport hazard and the incompatible use of land in airport vicinities are public nuisances and injure the community served by the airport in question;

(b) That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and

(c) That this should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation.

(2) It is further declared that the limitation of land uses incompatible with normal airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein, or air rights thereover.

History.—s. 2, ch. 23079, 1945; s. 2, ch. 88-356; s. 71, ch. 90-136.

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Amendments to 333.02

Annotations, Discussions, Cases:

Cases Citing Statute 333.02

Total Results: 5

New Port Largo, Inc., a Florida Corporation, Charles H. Netter and Stuart D. Marr, New Port Largo, Etc. v. Monroe County, a Political Subdivision of the State of Florida, Kenneth Sorensen, Board Member of County Commissioners, Monroe Planning & Zoning, Donald Schloesser, Commissioners Board, Alison Fahrer, Commissioners Board, Curt Blair, Commissioners Board, and George Dolezal, Commissioners Board, Wilhelmenia Harvey, New Port Largo, Inc., Charles H. Netter and Stuart D. Marr, New Port Largo, Etc. v. Monroe County, a Political Subdivision of the State of Florida, Kenneth Sorensen, Etc.

985 F.2d 1488, 1993 U.S. App. LEXIS 4807

Court of Appeals for the Eleventh Circuit | Filed: Mar 17, 1993 | Docket: 841996

Cited 49 times | Published

§ 333.01(3) (defining "Airport hazard"); id. § 333.02 ("Airport hazards contrary to public interest");

Waring v. Peterson

137 So. 2d 268

District Court of Appeal of Florida | Filed: Jan 31, 1962 | Docket: 1739073

Cited 5 times | Published

Law and Practice, Vol. 1, Section 35, p. 58. Section 333.02 categorizes creation or establishment of an

Test v. Broward County

616 So. 2d 111, 1993 WL 80605

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 1726831

Cited 4 times | Published

amendments to the airport zoning laws. As amended, section 333.02, Florida Statutes (1990) provides: (1) It is

New Port Largo, Inc. v. Monroe County

985 F.2d 1488, 1993 WL 52521

Court of Appeals for the Eleventh Circuit | Filed: Mar 17, 1993 | Docket: 66280278

Cited 3 times | Published

§ 333.01(3) (defining "Airport hazard”); id. § 333.02 ("Airport hazards contrary to public interest”);

Behm v. Division of Administration, State Department of Transportation

366 So. 2d 828, 1979 Fla. App. LEXIS 13986

District Court of Appeal of Florida | Filed: Jan 24, 1979 | Docket: 64568195

Published

a condemnee. See, 30 C.J.S. Eminent Domain Section 333(2). Counsel have not provided us, nor has our

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